Courts Block Trump Use of Alien Enemies Act, Parole Revocations for 400,000 Migrants Including Tren de Aragua Cases

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Updated May 8, 2025, 03:05 AM

Multiple federal courts have blocked the Trump administration's attempts to deport migrants using the Alien Enemies Act and to revoke humanitarian parole programs for migrants from Cuba, Haiti, Nicaragua, Venezuela, as well as Ukrainians and Afghans. Judges in New York and Colorado issued injunctions, finding that the administration's invocation of the 1798 law exceeded its authority, as there is no declared war, invasion, or predatory incursion by a foreign nation or government, as required by the statute. U.S. District Judge Alvin Hellerstein in New York and Judge Charlotte Sweeney in Colorado ruled that President Trump's March proclamation, which sought to remove Venezuelan migrants by designating the Tren de Aragua gang as a foreign threat, was not valid under the Alien Enemies Act. The courts found that the administration failed to meet statutory requirements and denied migrants due process. Intelligence assessments found no credible evidence that Venezuelan President Nicolás Maduro directed Tren de Aragua. A federal appeals court also rejected the Trump administration's attempt to end parole programs that provide temporary legal status for approximately 400,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela. The Department of Homeland Security has been barred from terminating these protections while litigation is ongoing. The administration has faced further legal setbacks in the case of Kilmar Abrego Garcia, a 20-year-old Venezuelan man mistakenly deported to El Salvador's CECOT prison due to an administrative error. Federal judges ordered the government to facilitate his return, a decision affirmed by the Supreme Court. The Department of Justice is under scrutiny for its handling of the case, including the use of the state secrets privilege and the disclosure that the U.S. provided $6 million in grants for detention at CECOT. Separately, ICE conducted restaurant raids in Washington, D.C., seeking I-9 forms, though no detentions were reported. The courts' decisions underscore that the executive branch cannot invoke wartime authorities during peacetime to expel migrants without due process.

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Sources

reuters.com(6)washingtontimes.com(5)abcnews.go.com(5)politico.com(4)

Reuters

@Reuters

'Is the president not telling the truth?', judge asks about Trump's Abrego Garcia comments https://t.co/Wv8VYc0Qdw https://t.co/Wv8VYc0Qdw

PBS News

@NewsHour

In the last two days, two more federal judges have ruled that the president's use of the Alien Enemies Act exceeds his authority under that law. https://t.co/uiIE2pl77h

Reuters

@Reuters

A US judge pressed a government lawyer on whether President Donald Trump was telling the truth when he said he could secure the return of wrongly deported migrant Kilmar Abrego Garcia with a phone call to El Salvador's president https://t.co/B914EDdnAU